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L 161/6 EN Official Journal of the European Union 24.6.

2009

II
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

COUNCIL

COUNCIL DECISION
of 24 October 2008
on the conclusion of a Protocol between the European Community, the Swiss Confederation and
the Principality of Liechtenstein to the Agreement between the European Community and the Swiss
Confederation concerning the criteria and mechanisms for establishing the State responsible for
examining a request for asylum lodged in a Member State or in Switzerland
(2009/487/EC)

THE COUNCIL OF THE EUROPEAN UNION, at a later date, this Protocol was signed, on behalf of the
European Community, on 28 February 2008.

Having regard to the Treaty establishing the European


Community, and in particular Article 63(1)(a) thereof, in
(3) The Protocol should be approved.
conjunction with the first sentence of the first subparagraph
of Article 300(2) and the first subparagraph of Article 300(3)
thereof,
(4) The entry into force of the Protocol with respect to
Switzerland is linked to the putting into effect of the
Having regard to the proposal from the Commission, Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
Having regard to the Opinion of the European Parliament (1), application and development of the Schengen acquis (2)
and of the Agreement between the European Community
and the Swiss Confederation concerning the criteria and
mechanisms for establishing the State responsible for
Whereas: examining a request for asylum lodged in a Member
State or in Switzerland (3).

(1) On 27 February 2006 the Council authorised the


Commission to open negotiations, on behalf of the
Community, with the Swiss Confederation and the Prin­ (5) The entry into force of the Protocol with respect to
cipality of Liechtenstein to conclude a Protocol on the Liechtenstein is linked to the putting into effect of the
participation of Denmark in the Agreement between the Protocol between the European Union, the European
European Community and the Swiss Confederation Community, the Swiss Confederation and the Principality
concerning the criteria and mechanisms for establishing of Liechtenstein on the accession of the Principality of
the State responsible for examining a request for asylum Liechtenstein to the Agreement between the European
lodged in a Member State or in Switzerland (hereinafter Union, the European Community and the Swiss Confed­
referred to as the Protocol). These negotiations have been eration on the Swiss Confederation’s association with the
finalised. implementation, application and development of the
Schengen acquis (hereinafter referred to as Protocol on
the association of Liechtenstein with the Schengen
acquis) and of the Protocol between the European
(2) In accordance with the Decision of the Council of Community, the Swiss Confederation and the Principality
28 February 2008, and subject to its final conclusion
(2) OJ L 53, 27.2.2008, p. 52.
(1) Opinion of 8 July 2008 (not yet published in the Official Journal). (3) OJ L 53, 27.2.2008, p. 5.
24.6.2009 EN Official Journal of the European Union L 161/7

of Liechtenstein on the accession of Liechtenstein to the asylum lodged in a Member State or in Switzerland is hereby
Agreement between the European Community and the approved on behalf of the Community.
Swiss Confederation concerning the criteria and
mechanisms for establishing the State responsible for The text of the Protocol is attached to this Decision.
examining a request for asylum lodged in a Member
State or in Switzerland (hereinafter referred to as Article 2
Protocol on the association of Liechtenstein with the
Dublin acquis). Consequently, the deposit of the 1. The President of the Council is hereby authorised to
instrument of approval as regards Liechtenstein should designate the person(s) empowered to deposit on behalf of
not take place before the approval by the Council of the Community the instrument of approval provided for in
the Protocol on the association of Liechtenstein with Article 5 of the Protocol, in order to express the consent of
the Schengen acquis and of the Protocol on the associa­ the Community to be bound in its relations to Switzerland.
tion of Liechtenstein with the Dublin acquis.
2. The President of the Council is hereby authorised to
(6) The United Kingdom and Ireland, in accordance with designate the person(s) empowered to deposit on behalf of
Article 3 of the Protocol on the position of the United the Community the instrument of approval provided for in
Kingdom and Ireland annexed to the Treaty on the Article 5 of the Protocol, in order to express the consent of
European Union and the Treaty establishing the the Community to be bound in its relations with Liechtenstein.
European Community, are taking part in the adoption The deposit of this instrument shall not take place before the
and application of this Decision. Council has approved, on behalf of the European Community
and on behalf of the European Union, the Protocol on the
(7) In accordance with Articles 1 and 2 of the Protocol on association of Liechtenstein with the Schengen acquis and, on
the position of Denmark annexed to the Treaty on the behalf of the European Community, the Protocol on the asso­
European Union and the Treaty establishing the ciation of Liechtenstein with the Dublin acquis.
European Community, Denmark is not participating to
the adoption of this decision and is not bound by or Article 3
subject to its application, This Decision shall be published in the Official Journal of the
European Union.
HAS DECIDED AS FOLLOWS:

Article 1 Done at Luxembourg, 24 October 2008.


The Protocol between the European Community, the Swiss
Confederation and the Principality of Liechtenstein to the For the Council
Agreement between the European Community and the Swiss
Confederation concerning the criteria and mechanisms for The President
establishing the State responsible for examining a request for M. ALLIOT-MARIE